Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1887-09-21

TO THE FEDERAL SUPREME COURT.
The attorneys for the condemned mel will
,ext make an appeal to the United States Su-
RENE Court. The brief in the case has
.lready been prepared. The first point raised
q ON an alleged error in Judge Gary's rulings
conc -rning the selection of the jury. In this
connection the sixth amendment Of the Consti-
tuition is quoted In all criminal prosecutions
he accused shall enjoy the right to a speedy
and public trial by an impartial jury"
The second point raised is regarding the fore
ible search Of the editorial rooms Of the Ar
ec4ter ZeieRag. In this connection the fourth
amendment to the Constitution is quoted "The
right Of the people to be secure in their per-
sons, houses, papers and effects against I'M
Violated" 1t is clained of course, that the
forcing oDen Of Spies desk, whereby the letters
# Herr Most were discovered, is a violation OF
this provision Of the Const. tuition.
The third error claimed is that Spies was
compelled to be II witness against himself and
a ainst all Of the defendants when he was COM
PEELED to state whether or not he had received
he famous Most letters. The fifth amendment
TO the Constitution is quoted in support of this
cont sntion Nor shall any person be compelled
y any criminal case to be a witness against
The fourth error claimed is supported by the
sixth and eighth amendments to the Constitu-
titn. as follows In all criminal prosecutions
the accused shall be informed OF the nature
and cause OF the accusation: = and Cruel and
unusual punishment shall not be inflicted On
his head the defense claim that, while . con-
spir icy to iEcite may have been proved, q con-
.piracy to use violence was not proved, but
that, nevertheless, the penalties of the latter
were administered
preme Court will be asked to pass upon is the
right Of the defendants to preach and teach So
cialisin and anarchy. In support Of this the
first amendment to the Constitution is cited
tablishment of religion or prohibiting the free
exercise thereof" The point MAJ seem Q little
far fetched. but 1t ia proposed to protect the
teachers of anarchy and socialism by this con-
stitutional provision,
But the point upon which the main hopes Of
the Anarchists rest with the Supreme Court of
the United States is the alleged error concern
ing the right OF the prisoners to hold the Hay
market meeting. The first amendment to the
Constitution is quoted: Congress shall make
the press. or OF the right of the people peace
ably to
1t is believed by tho attorneys for the con-
denined men that one or more Of these errors
will be found available for their purpose.
TIE procedure in reaching the United States
supreme Court in the case cannot be deter
mined until the full text OF the State Court
opinion is examined. II the latter cites all
constitutional points raised in the record, then
the defense will have nothing more to do with
thar Court, but il, as is often the case. some Of
tn Sc points raised nre not replied to, then it
will be necessary for the attorneys for the
Anarchists to apply to the Chief Justice
of the State Supreme Court for q certif-
cate to tae effect that the record contains
such alleged errors. With this certificate, II
ono be obt timed. and the complete record Of
the case from Judge Gary's court, and from the
supreme Court Of Illinois, application will be
made to one Of the Justices OF tho United
states Supreme Court for a writ of error and
,sI ,asssr %;, 4 r. the sn iaT ahs r i GRANTED ante x Fl course gu =
argue the case before that court. A writ OF
error may be granted by any one Of the Justices
of the Fe deral supreme Court.
EXECUTIVE CLEMENCY.
A movement is at once to be tnaugurated to
circulate a petition for Executive clemency.
This was started at the time the verdict in
IrAan f.nrNfO nAINf xpo Wntdnro1 lint vrA 49,